Satyendra Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63138 of 2019 Arising Out of PS. Case No.-85 Year-2019 Thana- BARGAINIA District- Sitamarhi ====================================================== Satyendra Thakur Son Of Mahesh Thakur Resident Of Village- Bel, P.S.- Bairgania, District- Sitamarhi.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Singh, Advocate For the Opposite Party/s :

Mr.Amit Kumar Rakesh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and the State. The petitioner is in custody in connection with Bairgania P.S.Case No.85 of 2019 registered for an offence under Sections 394 and 302 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, two motorcycle borne unknown miscreants on the point of pistol, took away cash of Rs.2,93,000/ from the informant which was withdrawn by the informant from the bank. It is also alleged that one of the miscreants fired upon the brother of the informant which hit in his head and on account of which informant's brother fell down and during treatment he died.

It is submitted on behalf of the petitioner that the petitioner has falsely been implicated in this case due to dirty

Patna High Court CR. MISC. No.63138 of 2019(8) dt.26-10-2021 2/2 village politics. He is not named in the FIR. It is further submitted that save and except suspicion, there is no any incriminating articles has been recovered from him. Test Identification Parade has not been carried out till date. Petitioner is in custody since 29.6.2019.

Trial court's report dated 18.3.2020 reflects that the case was running at the stage of commitment at that time. Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Bairgania Police Station Case No. 85 of 2019.

(Prabhat Kumar Singh, J) Shashi U T